[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59972-59973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23747]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-474 & 731-TA-1176 (Final) (Remand)]
Drill Pipe and Drill Collars from China
AGENCY: United States International Trade Commission.
ACTION: Notice of remand proceedings.
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SUMMARY: The U.S. International Trade Commission (``Commission'')
hereby gives notice of the court-ordered remand of its affirmative
threat determination in the final phase investigation of the
antidumping and countervailing duty orders on drill pipe and drill
collars from China. For further information concerning the conduct of
this proceeding and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207).
DATES: Effective Date: September 24, 2013
FOR FURTHER INFORMATION CONTACT: Nate Comly, Office of Investigations,
telephone 202-205-3147, or David Goldfine, Office of General Counsel,
telephone 202-205-3174, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (http://www.usitc.gov). The public record of
investigation Nos. 731-TA-340 E & H may be viewed on the Commission's
electronic docket (``EDIS'') at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Background. On August 19, 2013, the U.S.
Court of International Trade (per Judge Stanceu) issued an opinion
remanding certain aspects of the Commission's affirmative threat
determination in Drill Pipe and Drill Collars from China, 701-TA-474 &
731-TA-1176 (Final), USITC Pub. 4213 (Feb. 2011). In the Commission's
final determination, three Commissioners reached an affirmative threat
determination (Commissioners Williamson, Pinkert, and Lane) while three
Commissioners reached a negative determination (Chairman Okun, and
Commissioners Pearson and Aranoff).
In its opinion, the Court concluded that the Commission made two
erroneous findings. Id. at 11-19. In the Court's view, ``. . . the
impermissible findings were that only smaller domestic purchasers, as
opposed to purchasers the ITC considered `large,' were buying subject
merchandise at the start of the POI and that, during the POI, the
participation of Chinese suppliers in the U.S. market broke through a
prior limitation to smaller customers.'' Id. at 16.
The Court concluded that `` `from these erroneous findings, the ITC
reached the unsupported conclusion that `the participation of suppliers
of Chinese product in the U.S. market has evolved and grown over the
period in ways that indicate further expansion is imminent,' and the
related conclusion that `the fact that suppliers of Chinese product
have broken through a major prior limitation on their reach in the U.S.
market is an indication that their U.S. market share is poised to
increase.' '' Id. at 16 (internal citations omitted). On remand, the
Court instructed the Commission to reconsider its affirmative threat
determination ``on the whole, in the absence of these findings and
conclusions.'' Id. at 17.
The Court also remanded two issues to the Commission for further
explanation. First, the Court directed the Commission ``to explain why,
and to what extent, it based its overall determination related to
likely future import volume on its stated findings that the U.S. market
share of subject merchandise was `substantial' throughout the POI and
`grew' in first-half 2010.'' Id. at 20. Second, the Court instructed
the Commission to provide further explanation in support of its finding
that ``U.S. importers have increased their quantities of inventories of
Chinese product to levels are particularly significant in the context
of current market conditions.'' Id. at 21.
Under the remand schedule ordered by the Court, the Commission must
file its remand determination by November 18, 2013.
Participation in the proceeding. Only those persons who were
interested parties to the reviews (i.e., persons listed on the
Commission Secretary's service list) and parties to the appeal may
participate in the remand proceeding. Such persons need not make any
additional filings with the Commission to participate in the remand
proceeding. Business proprietary information (``BPI'') referred to
during the remand proceeding will be governed, as appropriate, by the
administrative protective order issued in the reviews.
[[Page 59973]]
Written submissions. The Commission will permit the parties to file
comments pertaining to the specific issues that are the subject of the
Court's remand instructions. Comments should be limited to no more than
fifteen (15) double-spaced and single-sided pages of textual material.
The parties may not themselves submit any new factual information in
their comments and may not address any issue other than those that are
the subject of the Court's remand instructions. Any such comments must
be filed with the Commission no later than October 10, 2013.
All written submissions must conform with the provisions of section
201.8 of the Commission's rules; any submissions that contain BPI must
also conform with the requirements of sections 201.6, 207.3, and 207.7
of the Commission's rules. The Commission's rules do not authorize
filing of submissions with the Secretary by facsimile or electronic
means, except to the extent permitted by section 201.8 of the
Commission's rules, as amended, 67 FR 68036 (Nov. 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Parties are also advised to consult with the Commission's Rules of
Practice and Procedure, part 201, subparts A through E (19 CFR part
201), and part 207, subpart A (19 CFR part 207) for provisions of
general applicability concerning written submissions to the Commission.
Issued: September 25, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-23747 Filed 9-27-13; 8:45 am]
BILLING CODE 7020-02-P